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If you have, for example a data-base, a logo or a system of working or a trading name then you probably do. These are only examples. We will help you draw up an inventory of what you own and tell you how to protect it.

Can I protect my idea?

The idea itself cannot be protected but the media representing that idea could be. For example, if it is in written format then it may have copyright. Likewise a design may be registerable or a machine patentable.

I produce and sell double-glazing which has a distinctive style. Through hard work I have built up a good name for build quality and style. A competitor is selling a very similar product which is confusing customers into thinking it is mine. What can I do?

This could amount to "passing off" and proceedings can be brought to protect your goodwill, provided customers are being confused and it is not a restraint on fair competition.

I have written a computer program. How can I protect against infringement?

These works may already be protected as a literary work under Copyright Law which will last 25 years from the time they were created. To protect against infringement steps should be taken to prove the date of creation. We can advise on this.

Is this invention capable of protection?

It may be possible to obtain a patent but the invention will need to be novel and involve an inventive step and be capable of industrial application. We will advise you.

My intellectual property rights have been infringed, what can I do?

There are civil and criminal remedies available to you depending on the infringement. The criminal remedies are very specific depending upon the right that is infringed. In civil matters claims can be made for damages or on account of profits, injunctions can be sought as can delivery up/destruction of infringing goods.

Contact Jobling & Knape with your Intellectual Property FAQs question:

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